Witness Protection Act 2000 - Queensland Legislation

Queensland

Witness Protection Act 2000

Current as at 1 July 2014

Queensland


Contents

Page

Part 1 Preliminary

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

4 Act binds State, Commonwealth and other States . . . . . . . . . . . 5

Part 2 Witness protection program

5 Witness protection program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

6 Person may be included in program . . . . . . . . . . . . . . . . . . . . . . 6

7 Protection agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

8 Content of protection agreement . . . . . . . . . . . . . . . . . . . . . . . . . 8

9 Interim protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

10 Variation of protection agreement by agreement . . . . . . . . . . . . 10

11 Variation by chairman of protection agreement . . . . . . . . . . . . . . 11

12 Suspension of protection agreement . . . . . . . . . . . . . . . . . . . . . . 11

13 Voluntary withdrawal from program . . . . . . . . . . . . . . . . . . . . . . . 12

14 When chairman may end protection under program . . . . . . . . . . 13

Part 2A Arrangements for short-term protection

14A Application of pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

14B Arrangements for short-term protection . . . . . . . . . . . . . . . . . . . 15

14C Variation of short-term protection arrangement . . . . . . . . . . . . . . 15

14D Suspension of short-term protection arrangement . . . . . . . . . . . 16

14E Voluntary ending of short-term protection arrangement . . . . . . . 17

14F When chairman may end short-term protection arrangement . . . 17

Part 3 Protecting identities

Division 1 Identifying documents

15 Identifying documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

16 Application for new identity authority . . . . . . . . . . . . . . . . . . . . . . 19

Contents


17 Power of authorising officer to issue new identity authority . . . . . 20

18 Giving effect to new identity authority . . . . . . . . . . . . . . . . . . . . . 20

19 Effect of creation of birth certificate under new identity authority 21

20 Special provisions about concealing identities . . . . . . . . . . . . . . 21

20A New identity for witness protection officer . . . . . . . . . . . . . . . . . . 22

21 Restoration of former identity . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

22 Particular documents to be destroyed . . . . . . . . . . . . . . . . . . . . . 23

23 Offence in relation to documents . . . . . . . . . . . . . . . . . . . . . . . . . 24

Division 2 Proceedings involving protected witnesses

Subdivision 1 Preliminary

24 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

24A Application of div 2 to lawyer of party to a proceeding . . . . . . . . 25

Subdivision 2 Proceedings involving protected witnesses

25 Requirement if protected witness becomes a witness in a proceeding 25

26 What non-disclosure certificate must state . . . . . . . . . . . . . . . . . 26

27 Effect of non-disclosure certificate . . . . . . . . . . . . . . . . . . . . . . . 26

27A Disclosure of protected witness’s identity despite certificate . . . . 28

27B Recognition of corresponding non-disclosure certificate . . . . . . . 30

Division 3 Other provisions about protecting identity

28 Documentation restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

29 Special commercial arrangements by chairman . . . . . . . . . . . . . 30

30 Dealing with rights, obligations and restrictions of protected witness 30

31 Avoidance of obligations by protected witness . . . . . . . . . . . . . . 31

32 Payments under witness protection program . . . . . . . . . . . . . . . 31

33 Application of s 16 to approved authorities . . . . . . . . . . . . . . . . . 32

34 Effect of issue of birth certificate under complementary witness protection law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Part 4 Miscellaneous

35 Development of training programs etc. . . . . . . . . . . . . . . . . . . . . 33

36 Offence of disclosure about particular persons or the program . 33

37 Offence of disclosure by prescribed persons . . . . . . . . . . . . . . . 34

38 Certain persons not to be required to disclose information . . . . . 36

39 Restriction on issue of Queensland identity documents . . . . . . . 37

40 Arrangements with approved authorities . . . . . . . . . . . . . . . . . . . 37

41 Approved authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Page 2

Contents


42 Arrangements for Commonwealth identity documents . . . . . . . . 38

43 Providing information to approved authorities . . . . . . . . . . . . . . . 38

44 Immunity from legal proceedings for exercise of functions under Act 39

45 Access to registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

46 Notifying persons of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

47 Special provision about minors and adults with impaired capacity 41

48 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

49 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

50 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

51 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Part 5 Transitional provisions

Division 1 Transitional provisions for Act No. 56 of 2000

53 Existing witness protection program . . . . . . . . . . . . . . . . . . . . . . 42

54 Existing memorandum of understanding . . . . . . . . . . . . . . . . . . . 42

Division 2 Transitional provisions for Cross-Border Law Enforcement Legislation Amendment Act 2005

55 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

56 Existing non-disclosure certificates . . . . . . . . . . . . . . . . . . . . . . . 43

57 Provision about notice under pre-amended Act . . . . . . . . . . . . . 44

Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Page 3

[s 1]

Witness Protection Act 2000Part 1 Preliminary


An Act about witness protection in Queensland, and for otherpurposes

Part 1 Preliminary

1 Short title

This Act may be cited as the Witness Protection Act 2000.

2 Commencement

This Act commences on a day to be fixed by proclamation.

3 Dictionary

The dictionary in schedule 2 defines terms used in this Act.

4 Act binds State, Commonwealth and other States

This Act binds the State and, as far as the legislative authorityof the Parliament permits, the Commonwealth and the otherStates.

Current as at 1 July 2014 Page 5

Authorised by the Parliamentary Counsel

[s 5]

Witness Protection Act 2000Part 2 Witness protection program

Part 2 Witness protection program

5 Witness protection program

The witness protection program is a program, run by thecommission, to provide witness protection for—

(a) persons included in the program under this Act; and

(b) persons who are being protected under a witnessprotection program under a complementary witnessprotection law.

6 Person may be included in program

(1) The chairman may include a person in the program on thechairman’s own initiative, or on the application of a lawenforcement agency, if the chairman considers—

(a) the person needs protection from a danger arising—

(i) because the person has helped, or is helping, a lawenforcement agency in the performance of itsfunctions; or

(ii) because of the person’s relationship or associationwith a person who has helped, or is helping, a lawenforcement agency in the performance of itsfunctions; and

(b) it is appropriate to include the person in the program.Example for paragraph (a)(ii)—

a family member or an associate of a person who has helped alaw enforcement agency in a criminal investigation

(2) An application of a law enforcement agency other than thecommission may be signed by the agency’s chief executiveofficer or an officer authorised by the agency’s chief executiveofficer to sign the application.

(3) In deciding whether to include the person in the program, thechairman must have regard to the following—

(a) the person’s criminal history;

Page 6 Current as at 1 July 2014


[s 6]


(b) medical, psychiatric or psychological information aboutthe person made available to the chairman with theperson’s consent or under an arrangement under section40;

(c) if the person has helped, or is helping, a lawenforcement agency in the performance of itsfunctions—the seriousness of any offence in relation towhich the person has given, or is giving help;

(d) the extent of the help the person can offer, or hasoffered;

(e) any other available way of protecting the person;

(f) the nature of any threat to the person considered by theperson or the chairman to exist;

(g) whether the person has applied previously for protectionunder any of the following and, if the person was givenprotection, the nature of the protection and thecircumstances in which the protection ended—

(i) this Act;

(ii) the Criminal Justice Act 1989 or the Crime andCorruption Act 2001;

(iii) a corresponding witness protection law;

(h) any information disclosed to the chairman of a typerequired under a regulation.

(4) The chairman must not include the person in the program—

(a) if the chairman considers there is not enoughinformation available to the chairman to decide whetherto include the person in the program; or

(b) as a reward for giving evidence or making a statement.

(5) If the chairman decides not to include the person in theprogram, the chairman must notify the person of the decision.Note—

For how notice may be given, see section 46.



[s 7]


7 Protection agreement

(1) If the chairman decides to include a person in the program, thechairman must prepare an agreement (protection agreement)about the person’s inclusion in the program.

(2) The person must sign the protection agreement in the presenceof a witness protection officer.Note—

For who can sign documents for a minor or an adult with impairedcapacity, see section 47.

(3) The person is included in the program and becomes aprotected witness when the protection agreement has beensigned by the chairman and the person.

(4) As soon as practicable after the protection agreement has beensigned by the protected witness and the chairman, thechairman must—

(a) if the protected witness signed the agreementpersonally—notify the protected witness of his or herinclusion in the program; or

(b) otherwise—notify the person who signed the agreementfor the protected witness of the inclusion of theprotected witness in the program.

8 Content of protection agreement

(1) A protection agreement must include a condition (mandatorycondition) to the effect that the chairman may, under section14, end a person’s involvement in the program as a protectedwitness if the person contravenes a termination condition.

(2) A protection agreement may include other conditions thechairman considers appropriate including, but not limited to,the following conditions—

(a) a condition that the person must not—

(i) contravene a law of the Commonwealth or of aState; or

(ii) engage in a stated kind of activity; or



[s 8]


(iii) threaten the integrity of the program; or

(iv) directly or indirectly threaten the security, or anyother aspect of, the protection or help being givento the person;

(b) a condition that the person must comply with allreasonable directions of the chairman about theprotection and help given to the person;

(c) a condition that the person will, if required by thechairman, undergo any of the following and make theresults available to the chairman—

(i) medical, psychological or psychiatric tests orexaminations;

(ii) drug or alcohol counselling or treatment;

(d) a condition about the issue and surrender of passportsand other documents relating to the person’s identityincluding, if the person is given a new identity under thisAct, documents relating to the person’s new identity;

(e) a condition that, while the person is included in theprogram, the person will disclose to the chairman detailsof—

(i) any criminal charges made against the person; and

(ii) any civil proceeding, including any bankruptcyproceeding, started against the person;

(f) a condition that, if the person intends to marry and adopta new name on marriage, the person will inform thechairman of the person’s intention to marry, beforemarrying;

(g) a condition that the person must notify the chairman thatthe person is or may be required to give evidence in aproceeding.

(3) In addition, a protection agreement may include 1 or more ofthe following—

(a) a list of any aliases the person uses, or has used;



[s 9]


(b) a list of the person’s outstanding legal obligations,including, for example, family and taxation obligations;

(c) an agreement about how obligations mentioned inparagraph (b) are to be met;

(d) a financial support arrangement;

(e) details of marriage, family, taxation, welfare and otherdomestic or relationship obligations.

9 Interim protection

(1) This section applies if—

(a) the chairman considers a person is in urgent need of theprotection available under the program; and

(b) the chairman has not decided whether to include theperson in the program.

(2) The chairman may, under section 7, make a protectionagreement (interim protection agreement) with the person asif the chairman had decided to include the person in theprogram.

(3) As soon as practicable after making the interim protectionagreement, the chairman must decide under section 6 whetherto include the person in the program.

(4) If the chairman decides to include the person in the program,the chairman must make a protection agreement with theperson under section 7 to replace the interim protectionagreement.

(5) If the chairman decides not to include the person in theprogram, the chairman must end the protection under theinterim protection agreement by notice to the person.

10 Variation of protection agreement by agreement

(1) A protection agreement, including an interim protectionagreement, may be varied by agreement (variation



[s 11]


agreement) between the chairman and the protected witnessunder the agreement.

(2) The variation agreement must not have the effect of omittingthe mandatory condition from the protection agreement.

(3) The agreement takes effect on the day stated in the variationagreement or, if no day is stated, the day after the variationagreement is made.

11 Variation by chairman of protection agreement

(1) The chairman may vary a protection agreement, including aninterim protection agreement, other than by agreement withthe protected witness under the agreement.

(2) Before the chairman varies the agreement, the chairmanmust—

(a) notify the protected witness of the proposed variationand the reason for the variation; and

(b) give the protected witness a reasonable opportunity tocomment on the proposed variation.

(3) If, after considering any comments, the chairman stillproposes to vary the agreement, the chairman may vary theagreement by notice given to the protected witness.

(4) The variation must not have the effect of omitting themandatory condition from the protection agreement.

(5) The variation takes effect on the day after the notice isreceived by the protected witness.

12 Suspension of protection agreement

(1) This section applies if the chairman is satisfied that, becauseof something a protected witness has done or intends to do—

(a) the integrity of the program or other witness protectionactivities of the commission are threatened; or



[s 13]


Example—

The protected witness discloses information about themethodology of the program or the identity of witness protectionofficers.

(b) the protected witness can not be properly protectedunder the program.Examples—

1 The protected witness may be temporarily in custody in awatch-house.

2 The protected witness may be imprisoned for an offence.

3 The protected witness may intend to travel to a place despitethe chairman having advised the person not to go therebecause of the risk of harm to the person.

(2) The chairman may suspend the protection agreement for astated reasonable time by notice given to the protectedwitness.

(3) This section does not limit section 14.

13 Voluntary withdrawal from program

(1) A protected witness may withdraw from the program bywritten or oral notice given to the chairman.

(2) If the notice is given orally, the chairman must take reasonablesteps to have the notice confirmed in writing.

(3) If the protected witness is unwilling or unable to confirm thenotice in writing, the chairman must satisfy himself or herselfthat the oral notice was in fact given by the protected witness.

(4) If the chairman is satisfied the person did give notice ofwithdrawal from the program, the chairman may end theprotection—

(a) if the notice was written—on the day stated in the noticeor, if no day is stated, the day after the chairman receivesthe notice; or

(b) if the notice was given orally—on the day after thechairman is satisfied the oral notice was in fact given.



[s 14]


14 When chairman may end protection under program

(1) The chairman may end the protection of a protected witnessif—

(a) the chairman is satisfied—

(i) the protected witness has committed an offenceagainst a law of the Commonwealth or a State thatis punishable by at least 1 year’s imprisonment; or

(ii) the protected witness has contravened atermination condition without reasonable excuseand the contravention is significant; or

(iii) the protected witness has withdrawn his or her helpmentioned in section 6(1)(a)(i); or

(b) the chairman considers it is no longer appropriate for theprotected witness to be included in the program,including, for example, because—

(i) the integrity of the program or other witnessprotection activities of the commission arethreatened because of something the protectedwitness has done or intends to do; or

(ii) the protected witness can not be properly protectedunder the program because of something theprotected witness has done or intends to do.

(2) Before ending the protection, the chairman must take the stepsthe chairman considers are reasonably necessary—

(a) to inform the protected witness—

(i) why it is proposed to end the protection; and

(ii) when the protection will end; and

(b) to give the person a reasonable opportunity to state whythe protection should not end.

(3) After considering any response, the chairman may end theprotection on the date stated under subsection (2)(a)(ii) ordecide not to end the protection.

(4) If—



[s 14A]

Witness Protection Act 2000Part 2A Arrangements for short-term protection

(a) the chairman ends the protection; and

(b) the person acknowledges that the protection has ended;and

(c) immediately before the protection ended, the person wasreceiving financial help under the protection agreementmade for the person;

the chairman may, continue to provide financial help to theperson for the time the chairman considers appropriate.

Part 2A Arrangements for short-term protection

14A Application of pt 2A

(1) This part applies to a person if—

(a) the person is not included, or being considered forinclusion, in the program; but

(b) the chairman considers—

(i) the person needs the type of protection availableunder the program for a specific purpose and for aspecific period because of a danger arising from acircumstance mentioned in subsection (2); andExample—

The chairman may consider that a person needs protectionto safely attend court to give evidence.

(ii) it is appropriate to provide the protection.

(2) For subsection (1)(b)(i), the circumstances are that theperson—

(a) has helped, or is helping, a law enforcement agency inthe performance of its functions; or



[s 14B]


(b) has a relationship or association with a person who hashelped, or is helping, a law enforcement agency in theperformance of its functions.Example for paragraph (b)—

a family member or an associate of a person who has helped alaw enforcement agency in a criminal investigation

(3) In deciding under subsection (1)(b)(ii) whether it isappropriate to provide the protection, the chairman—

(a) may have regard to any of the matters mentioned insection 6(3); and

(b) must consider whether it would be more appropriate toinclude the person in the program and, if necessary,make an interim protection agreement with the person.

14B Arrangements for short-term protection

(1) The chairman may enter into an arrangement for a specificpurpose and for a specific period (a short-term protectionarrangement) with a person to whom this part applies.

(2) The arrangement must state the purpose and period for whichit is made.

(3) The arrangement may include conditions of a kind mentionedin section 8 that the chairman considers appropriate.

(4) Unless it is sooner ended under section 14E or 14F, thearrangement ends on the day the earlier of the followinghappens—

(a) the purpose is completed;

(b) the period ends.

14C Variation of short-term protection arrangement

(1) A short-term protection arrangement may be varied—

(a) by agreement between the chairman and the personprotected under the arrangement (the short-termprotected person); or



[s 14D]


(b) by the chairman.

(2) If the arrangement is varied by agreement, the variation takeseffect on the day stated in the agreement or, if no day is stated,the day after the agreement is made.

(3) However, if the chairman proposes to vary the arrangementwithout agreement, the chairman must, before varying thearrangement—

(a) notify the short-term protected person of the proposedvariation and the reason for the variation; and

(b) give the person a reasonable opportunity to comment onthe proposed variation.

(4) If, after considering any comments, the chairman stillproposes to vary the arrangement, the chairman may vary thearrangement by notice given to the short-term protectedperson.

(5) The variation takes effect on the day after the notice isreceived by the short-term protected person.

14D Suspension of short-term protection arrangement

(1) This section applies if the chairman is satisfied that, becauseof something a short-term protected person has done orintends to do—

(a) the integrity of the program or other witness protectionactivities of the commission are threatened; or

(b) the short-term protected person can not be properlyprotected under the short-term protection arrangement.

(2) The chairman may suspend the short-term protectionarrangement for a stated reasonable time by notice given tothe short-term protected person.

(3) This section does not limit section 14F.



[s 14E]


14E Voluntary ending of short-term protection arrangement

(1) A short-term protected person may end the person’sshort-term protection arrangement by written or oral noticegiven to the chairman.

(2) If the notice is given orally, the chairman must take reasonablesteps to have the notice confirmed in writing.

(3) If the short-term protected person is unwilling or unable toconfirm the notice in writing, the chairman must satisfyhimself or herself that the oral notice was in fact given by theperson.

(4) If the chairman is satisfied the short-term protected person didgive notice of the ending of the arrangement, the chairmanmay end the arrangement—

(a) if the notice was written—on the day stated in the noticeor, if no day is stated, the day after the chairman receivesthe notice; or

(b) if the notice was given orally—on the day after thechairman is satisfied the oral notice was in fact given.

14F When chairman may end short-term protection arrangement

(1) The chairman may end a short-term protection arrangementif—

(a) the chairman is satisfied—

(i) the short-term protected person has committed anoffence against a law of the Commonwealth or aState that is punishable by at least 1 year’simprisonment; or

(ii) the short-term protected person has, withoutreasonable excuse, contravened a conditionidentified in the arrangement as a condition that, ifcontravened, may result in the ending of thearrangement; or



[s 14F]


(b) the chairman considers it is no longer appropriate for theshort-term protected person to be protected, including,for example—

(i) because—

(A) the integrity of the program or other witnessprotection activities of the commission arethreatened because of something the personhas done or intends to do; or

(B) the person can not be properly protectedunder the arrangement because of somethingthe person has done or intends to do; or

(ii) because the circumstances, mentioned in section14A(2), for which the arrangement was made havechanged or no longer exist.

(2) Before ending the arrangement, the chairman must take thesteps the chairman considers are reasonably necessary—

(a) to inform the short-term protected person—

(i) why it is proposed to end the arrangement; and

(ii) when the arrangement will end; and

(b) to give the short-term protected person a reasonableopportunity to state why the arrangement should notend.

(3) After considering any response, the chairman may end thearrangement on the date stated under subsection (2)(a)(ii) ordecide not to end the arrangement.

(4) If—

(a) the chairman ends the arrangement; and

(b) the short-term protected person acknowledges that thearrangement has ended; and

(c) immediately before the arrangement ended, theshort-term protected person was receiving financial helpunder the arrangement;



[s 15]

Witness Protection Act 2000Part 3 Protecting identities

the chairman may continue to provide financial help to theperson for the period the chairman considers appropriate.

Part 3 Protecting identities

Division 1 Identifying documents

15 Identifying documents

(1) The chairman may, in the way the chairman considersappropriate, require a person responsible for issuing anidentity document—

(a) to issue a document that is reasonably necessary—

(i) to allow a protected witness to establish a newidentity; or

(ii) to otherwise protect a protected witness; or

(iii) to restore a former protected witness’s formeridentity; and

(b) to make any necessary entry in a record kept by theperson relating to identity documents issued by theperson.

(2) The person must comply with the requirement.

(3) This section has effect despite any other Act or law.

16 Application for new identity authority

(1) The chairman may apply to the authorising officer for a newidentity authority for a protected witness.

(2) The application must be written and include enoughinformation to enable the authorising officer to properlyconsider whether the protected witness should be given a newidentity.



[s 17]


(3) The authorising officer may refuse to consider the applicationuntil the chairman gives the authorising officer all theinformation the authorising office requires about theapplication in the way the authorising officer requires.Example—

The authorising officer may require additional information about theapplication to be given by statutory declaration.

17 Power of authorising officer to issue new identity authority

(1) This section applies if the authorising officer is satisfied—

(a) a person is a protected witness; and

(b) the protected witness is likely to comply with his or herprotection agreement; and

(c) it is necessary to change the protected witness’s identityto protect the protected witness.

(2) The authorising officer may issue an authority (new identityauthority) stating that a named witness protection officer isauthorised to create a birth certificate to give the protectedwitness to whom the certificate relates a new identity.

18 Giving effect to new identity authority

On the production of a new identity authority to theregistrar-general, for inspection—

(a) the officer named in the authority may create a birthcertificate showing the new identity for the protectedwitness; and

(b) the registrar-general must give the officer the help theofficer reasonably requires for the purpose.



[s 19]


19 Effect of creation of birth certificate under new identity authority

If a protected witness is given a new identity by creating abirth certificate under a new identity authority, the newidentity is taken, for all purposes, to be the person’s actualidentity, unless the person’s former identity is restored underthis Act.

20 Special provisions about concealing identities

(1) This section applies despite any other Act or law.

(2) It is lawful for a person responsible for issuing a relevantdocument to issue, at the request of the chairman or inaccordance with a new identity authority, a document thathelps a protected witness conceal his or her actual identity andpersonal particulars, including, for example, his or her dateand place of birth.

(3) The chairman, the authorising officer, the person authorised tocreate a relevant document, the person responsible for issuingthe document, and anyone helping to issue the document—

(a) does not commit an offence against any Act or law byauthorising, issuing or helping to issue the document;and

(b) no civil proceeding may be started or continued againstthe person only because of the issue of the document.

(4) Also, any contract or agreement made with a person given anew identity under this Act is not invalid only because of theuse by the person of the new identity while the person isauthorised under this Act to use the new identity.

(5) In this section—

relevant document means a document that—

(a) may lawfully be issued under an Act; and

(b) may be used to identify a person or authorise a person todo a lawful act.



[s 20A]


20A New identity for witness protection officer

(1) The chairman may authorise a witness protection officer touse a new identity if the chairman is satisfied the use isreasonably necessary—

(a) for the proper administration of the program; or

(b) to ensure the officer’s safety while administering theprogram.

(2) If the chairman gives an authorisation under subsection (1),the chairman may, in the way the chairman considersappropriate, require a person responsible for issuing anidentity document—

(a) to issue a document that is reasonably necessary—

(i) to allow the officer to establish a new identity; or

(ii) to otherwise protect the officer; or

(iii) to restore the officer’s former identity; and

(b) to make any necessary entry in a record kept by theperson relating to identity documents issued by theperson.

(3) The person must comply with the requirement.

(4) Also, if the chairman gives an authorisation under subsection(1), section 20 applies as if a reference to a protected witnesswere a reference to the officer.

(5) This section has effect despite any other Act or law.

21 Restoration of former identity


(a) protection given to a person who has been given a newidentity under the program has ended; and

(b) the chairman considers it appropriate, having regard tothe following, to restore the person’s former identity—

(i) the length of time the person has been knownunder the new identity;



[s 22]


(ii) the circumstances in which the protection wasprovided;

(iii) the effect restoring the person’s former identitymay have on the person and members of theperson’s family, including on the safety of thosepersons.

(2) The chairman must—

(a) take reasonable steps to notify the person of theproposed action and the reasons for taking the proposedaction; and

(b) give the person a reasonable opportunity to comment onthe proposal.

(3) If after considering any comments made by the person, thechairman considers it is still appropriate to restore theperson’s former identity, the chairman may take the action thechairman considers necessary to restore the person’s formeridentity.

(4) If the chairman decides to restore the person’s former identity,the chairman must, by notice to the person, require the personto return to the chairman at a stated place and within a statedtime, of at least 14 days, any documents given to the person—

(a) to allow the person to establish a new identity; or

(b) to give the person a new identity.

(5) The person must comply with the requirement unless theperson has a reasonable excuse.

Maximum penalty—60 penalty units.

22 Particular documents to be destroyed

(1) This section applies to a document returned to the chairmanunder a protection agreement or section 21.


(a) destroy the document as soon as practicable afterreceiving it; or



[s 23]


(b) make arrangements with the person responsible forissuing the document for the destruction of thedocument.

(3) Subsection (2) applies despite the Public Records Act.

23 Offence in relation to documents

A person for whom a birth certificate is created under this Actmust not use or obtain a document issued by theregistrar-general based on the person’s former identity, unlessthe person’s former identity is restored.


Division 2 Proceedings involving protected witnesses

Subdivision 1 Preliminary

24 Definitions for div 2

In this division—

corresponding non-disclosure certificate means a certificategiven under a provision of a complementary witnessprotection law that corresponds to section 25(2).

non-disclosure certificate means a certificate given undersection 25(2)(a).

party, to a proceeding, means—

(a) for a criminal proceeding—the prosecutor and eachaccused person; or

(b) for a civil proceeding—each person who is a party to theproceeding; or

(c) for another proceeding—each person who has beengiven leave to appear in the proceeding.



[s 24A]


protected identity, of a protected witness, means—

(a) for a proceeding in which the protected witness is ormay be required to give evidence under the person’s newidentity—the person’s former identity; or

(b) for a proceeding in which the protected witness is ormay be required to give evidence under the person’sformer identity—the person’s new identity.

protected witness means a person who, having been given anew identity under the program, keeps that identity, even if theperson is no longer included in the program.

24A Application of div 2 to lawyer of party to a proceeding

For this division—

(a) anything permitted to be done by a party to a proceedingmay be done by the party’s lawyer; and

(b) any requirement to give something to a party to aproceeding is satisfied by giving the thing to the party’slawyer.

Subdivision 2 Proceedings involving protected witnesses

25 Requirement if protected witness becomes a witness in a proceeding

(1) If a protected witness is or may be required to give evidence ina proceeding in a court, whether under the person’s newidentity or former identity, the person must notify thechairman that the person is or may be required to giveevidence in the proceeding.


(a) give a certificate for the protected witness in relation tothe proceeding; and

(b) file a copy of the certificate with the court.



[s 26]


(3) A protected witness commits an offence if the protectedwitness—

(a) knows that, or is reckless as to whether, the protectedwitness is or may be required to give evidence in aproceeding in a court; and

(b) intentionally, knowingly or recklessly fails to notify thechairman under subsection (1).



court includes a court, within the meaning of this Act, ofanother State or the Commonwealth.

26 What non-disclosure certificate must state

(1) A non-disclosure certificate for a protected witness muststate—

(a) the person is, or has been, included in the program; and

(b) the person has been given a new identity under this Act;and

(c) the person has not been convicted of any offence, otherthan an offence mentioned in the certificate.

(2) The non-disclosure certificate must not include informationthat discloses, or may lead to the disclosure of, the protectedwitness’s protected identity or where the person lives.

27 Effect of non-disclosure certificate

(1) This section applies if a non-disclosure certificate for aprotected witness in relation to a proceeding is filed with acourt in Queensland.

(2) Subject to section 27A, in the proceeding—

(a) a question must not be asked of a witness, including theprotected witness, that may lead to the disclosure of the



[s 27]


protected witness’s protected identity or where theprotected witness lives; and

(b) a witness, including the protected witness, can not berequired to, and must not, answer a question, giveevidence or provide information that discloses, or maylead to the disclosure of, the protected witness’sprotected identity or where the protected witness lives;and

(c) a person involved in the proceeding must not make astatement that discloses, or may lead to the disclosureof, the protected witness’s protected identity or wherethe protected witness lives.

(3) For this section, a person involved in the proceeding includesthe following—

(a) the court;

(b) a party to the proceeding;

(c) a person given leave to be heard or make submissions inthe proceeding;

(d) a lawyer representing a person mentioned in paragraph(b) or (c), or a lawyer assisting the court in theproceeding;

(e) any other officer of the court or person assisting thecourt in the proceeding;

(f) a person acting in the execution of any process or theenforcement of any order in the proceeding.

(4) The court may disclose to each party to the proceeding—

(a) that the court has been given a non-disclosure certificatefor a person who may be required to give evidence in theproceeding; and

(b) what the certificate states.

(5) The court may only disclose what the non-disclosurecertificate states in the absence of any jury empanelled for theproceeding and the public.



[s 27A]


(6) If the court makes a disclosure about the non-disclosurecertificate under subsection (4), the court must also inform theparties of the effect of the certificate.

(7) This section applies despite any other Act.

27A Disclosure of protected witness’s identity despite certificate

(1) If a non-disclosure certificate for a protected witness inrelation to a proceeding is filed in a court in Queensland, aparty to the proceeding, or a lawyer assisting the court in theproceeding, may apply to the court—

(a) for leave—

(i) to ask a question of a witness, including theprotected witness, that may lead to the disclosureof the protected witness’s protected identity orwhere the protected witness lives; or

(ii) for a person involved in the proceeding to make astatement that discloses, or may lead to thedisclosure of, the protected witness’s protectedidentity or where the protected witness lives; or

(b) for an order requiring a witness, including the protectedwitness, to answer a question, give evidence or provideinformation that discloses, or may lead to the disclosureof, the protected witness’s protected identity or wherethe protected witness lives.

(2) The court may—

(a) give leave for the party or lawyer to do anythingmentioned in subsection (1)(a); or

(b) make an order requiring a witness to do anythingmentioned in subsection (1)(b).

(3) However, the court must not give leave or make an orderunless satisfied about each of the following—

(a) there is evidence that, if accepted, would substantiallycall into question the protected witness’s credibility;



[s 27A]


(b) it would be impractical to test properly the credibility ofthe protected witness without allowing the risk ofdisclosure of, or disclosing, the protected witness’sprotected identity or where the protected witness lives;

(c) it is in the interests of justice for the protected witness’scredibility to be able to be tested.

(4) If there is a jury in the proceeding, the application must beheard in the absence of the jury.

(5) Unless the court considers that the interests of justice requireotherwise, the court must be closed when—

(a) the application is made; and

(b) if leave is given or an order is made—the question isasked and answered, the evidence is given, theinformation is provided or the statement is made.

(6) The court must make an order suppressing the publication ofanything said when—

(a) the application is made; and

(b) if leave is given or an order is made—the question isasked and answered, the evidence is given, theinformation is provided or the statement is made.

(7) Nothing in subsection (6) prevents the taking of a transcript ofcourt proceedings, but the court may make an order for howthe transcript is to be dealt with, including an ordersuppressing its publication.

(8) The court may make any other order it considers appropriateto protect the protected witness’s protected identity or toprevent the disclosure of where the protected witness lives.

(9) A person is guilty of an offence if—

(a) the person knows that, or is reckless as to whether, anorder has been made under subsection (6), (7) or (8);and

(b) the person intentionally, knowingly or recklesslycontravenes the order.



[s 27B]


Maximum penalty—2 years imprisonment.

(10) Subsection (9) does not limit the court’s power to punish forcontempt.

27B Recognition of corresponding non-disclosure certificate

Sections 27 and 27A apply, with any necessary changes, to acorresponding non-disclosure certificate that is filed with acourt in Queensland, as if it were a non-disclosure certificategiven under section 25(2)(a).

Division 3 Other provisions about protecting identity

28 Documentation restrictions

The chairman must not obtain a document for a protectedwitness representing that the protected witness—

(a) has a qualification the protected witness does not have;or

(b) is entitled to a benefit the protected witness would notbe entitled to if the protected witness were not includedin the program.

29 Special commercial arrangements by chairman

The chairman may make a commercial arrangement with aperson under which a protected witness may obtain a benefitunder a contract or arrangement without revealing his or herformer identity.

30 Dealing with rights, obligations and restrictions of protected witness

(1) The chairman must take any reasonably practicable steps toensure—



[s 31]


(a) all outstanding rights and obligations of a protectedwitness are dealt with according to law; and

(b) a protected witness complies with all restrictionsapplying to the protected witness.

(2) The steps the chairman may take include the following—

(a) providing protection for the protected witness while theprotected witness is attending court;

(b) notifying a party or possible party to a proceeding thatthe chairman will, on behalf of the protected witness,accept process issued by a court, and nominating awitness protection officer for the purpose.

31 Avoidance of obligations by protected witness

(1) If the chairman is satisfied a protected witness who has beengiven a new identity under the program is using the newidentity to avoid obligations incurred or restrictions imposedbefore the new identity was established, the chairman mustgive the protected witness notice of the fact.

(2) The notice must also state that, unless the protected witnesssatisfies the chairman the obligations will be dealt withaccording to law or the restrictions will be complied with, thechairman will take the action the chairman considersreasonably necessary to ensure the obligations are dealt withor the restrictions are complied with.

(3) The action may include informing a person who is seeking toenforce rights against the protected witness of the details ofany real or personal property owned by the protected witnessunder his or her former identity.

32 Payments under witness protection program

(1) The chairman may certify in writing that all or part of anamount paid to a person represents payments made to theperson under the witness protection program.



[s 33]


(2) The amount can not be confiscated or restrained, and can notbe applied in payment of pecuniary penalties, under theCriminal Proceeds Confiscation Act 2002.

33 Application of s 16 to approved authorities


(a) a person is included in a witness protection programunder a complementary witness protection law; and

(b) the chief executive officer of an approved authorityconsiders it is necessary for the chief executive officer toapply to the authorising officer for a new identityauthority under this Act.

(2) Section 16 applies to the person as if—

(a) the person were included in the witness protectionprogram under this Act; and

(b) the chief executive officer were the chairman.

(3) A reference in this part to a protection agreement is taken toinclude a reference to a document that is the equivalent of aprotection agreement under a complementary witnessprotection law.

34 Effect of issue of birth certificate under complementary witness protection law

(1) This section applies if a person is given a new identity under acomplementary witness protection law by issuing a documentequivalent to a birth certificate under the complementarywitness protection law.

(2) While the person is in Queensland, the new identity is taken,for all purposes, to be the person’s actual identity, unless theperson’s former identity is restored under the complementarywitness protection law.



[s 35]

Witness Protection Act 2000Part 4 Miscellaneous

Part 4 Miscellaneous

35 Development of training programs etc.

(1) For giving effect to the witness protection program, thechairman—

(a) must develop appropriate training programs and ensurepersons involved in providing witness protection areappropriately trained to perform the duties of witnessprotection; and

(b) must develop ways of providing adequate witnessprotection to persons generally or in particular cases;and

(c) must keep an accurate register of—

(i) the factual particulars and assumed particulars ofpersons who have assumed new identities underthe witness protection program; and

(ii) non-disclosure certificates given under this Act;and

(d) may do anything else the chairman considers reasonablynecessary to give effect to the program.

(2) A register mentioned in subsection (1)(c) may form part ofanother register kept by the chairman under the Crime andCorruption Act 2001.

36 Offence of disclosure about particular persons or the program

(1) A person must not knowingly, directly or indirectly, discloseor record information about a relevant person or the witnessprotection program that may threaten—

(a) the security of a relevant person; or

(b) the integrity of the program or other witness protectionactivities of the commission.



[s 37]


Maximum penalty—10 years imprisonment.

(2) Subsection (1) does not apply to a disclosure or record that—

(a) is necessary to provide witness protection; or

(b) is made with the chairman’s consent; or

(c) is otherwise required for the administration of this Actor the Crime and Corruption Act 2001; or

(d) is either—

(i) permitted by leave given under section 27 beforethe commencement of section 27A (as inserted bythe Cross-Border Law Enforcement LegislationAmendment Act 2005); or

(ii) permitted by leave, or required by an order, givenunder section 27A.


disclose information, includes allow access to theinformation.

relevant person means a person who is, or has been—

(a) included in the witness protection program; or

(b) protected under an interim protection agreement; or

(c) protected under a short-term protection arrangement; or

(d) a witness protection officer for whom an authorisationhas been given under section 20A(1).

37 Offence of disclosure by prescribed persons

(1) A prescribed person must not, directly or indirectly, discloseor communicate to another person—

(a) that the prescribed person or someone else known to theprescribed person has—

(i) undergone assessment for inclusion in theprogram; or

(ii) signed a protection agreement; or



[s 37]


(iii) undergone assessment for an interim protectionagreement or short-term protection arrangement;or

(iv) signed an interim protection agreement or enteredinto a short-term protection arrangement; or

(b) details of a protection agreement signed by theprescribed person or someone else known to theprescribed person; or

(c) details of an interim protection agreement signed by theprotected person or someone else known to theprotected person; or

(d) details of a short-term protection arrangement enteredinto by the protected person or someone else known tothe protected person; or

(e) information about anything done under this Act by—

(i) a person who was the chairperson of the CriminalJustice Commission under the Criminal Justice Act1989 or an officer of the witness protectiondivision of that commission; or

(ii) the chairman or a witness protection officer; or

(f) information gained by the person because of somethingdone under this Act and about—

(i) a person who was an officer of the witnessprotection division of the Criminal JusticeCommission under the Criminal Justice Act 1989;or

(ii) a witness protection officer.

Maximum penalty—1 year’s imprisonment.

(2) Subsection (1) does not apply to a disclosure orcommunication—

(a) authorised by the chairman; or

(b) necessary to give effect to a new identity authority; or

(c) that is either—



[s 38]


(i) permitted by leave given under section 27 beforethe commencement of section 27A (as inserted bythe Cross-Border Law Enforcement LegislationAmendment Act 2005); or

(ii) permitted by leave, or required by an order, givenunder section 27A; or

(d) to the parliamentary committee.


prescribed person means—

(a) a protected witness; or

(b) a former protected witness; or

(c) a person who has undergone assessment for inclusion inthe program; or

(d) a person who is, or has been, given protection undersection 9 or part 2A; orNote—

Section 9 deals with interim protection and part 2A deals witharrangements for short-term protection.

(e) a person who has undergone assessment for protectionunder section 9 or part 2A.

38 Certain persons not to be required to disclose information

(1) This section applies to a person (relevant person) who is orhas been—

(a) a member of the commission, including the chairman; or

(b) an officer of the commission; or

(c) the registrar-general; or

(d) a person employed in the administration of the Births,Deaths and Marriages Registration Act 2003; or

(e) the chief executive officer of an approved authority; or



[s 39]


(f) a member of the staff of an approved authority; or

(g) an authorising officer; or

(h) an officer of an entity providing services to or for aprotected witness at the request of the chairman; or

(i) a member of the parliamentary committee under theCrime and Corruption Act 2001; or

(j) the parliamentary commissioner under the Crime andCorruption Act 2001.

(2) In a proceeding, a relevant person can not be required toproduce a document or to disclose anything relating to theperformance of duties or the protection of persons under thisAct, unless—

(a) a District Court judge or Supreme Court judgeotherwise orders; or

(b) the proceeding relates to an offence against this Act.

(3) Subsection (2) does not prevent a member or officer of thecommission producing documents or disclosing informationunder an approval given by the chairman for the proceeding.

39 Restriction on issue of Queensland identity documents

A person responsible for issuing a Queensland identitydocument must not issue an identity document for a personincluded in a witness protection program being conducted bythe Commonwealth or another State unless the document isissued under an arrangement under section 40.

40 Arrangements with approved authorities

(1) The chairman may make an arrangement with the chiefexecutive officer of an approved authority about any matterrelating to the administration of a complementary witnessprotection law.

(2) Without limiting subsection (1), the arrangement—



[s 41]


(a) may provide for the exercise by the chairman offunctions conferred under the complementary witnessprotection law; and

(b) must include procedures under which the approvedauthority shares with the State the costs incurred underthe arrangements; and

(c) may provide for the approved authority to makeavailable to the chairman the statements, transcripts ofevidence and other documents necessary to help thechairman decide—

(i) whether to provide protection or help to a personunder this Act; and

(ii) what protection and help are appropriate for aperson.

41 Approved authorities

A regulation may authorise the chief executive officer of anapproved authority to exercise powers conferred on thechairman under this Act, other than under section 33, for anarrangement made under section 40 or the correspondingprovision of a complementary witness protection law.

42 Arrangements for Commonwealth identity documents

The Minister may, for the State, enter into an arrangementwith the Minister responsible for the administration of theWitness Protection Act 1994 (Cwlth) about the issue ofCommonwealth identity documents within the meaning ofthat Act.

43 Providing information to approved authorities


(a) a person has been given a new identity or relocatedunder this Act; and



[s 44]


(b) any of the following entities notifies the chairman thatthe person is under investigation for, has been arrestedfor, or has been charged with, a serious offence—

(i) an approved authority;

(ii) the commissioner of the police service;

(iii) the senior executive officer (crime) under theCrime and Corruption Act 2001.

(2) The chairman may do any 1 or more of the following things—

(a) release to the entity notifying the chairman undersubsection (1)(b) (notifying entity) the person’s newidentity or location;

(b) provide the notifying entity with the person’s criminalhistory and fingerprints;

(c) if the chairman considers it appropriate in thecircumstances—

(i) release to the notifying entity information relatingto the person; or

(ii) allow officers of the notifying entity to interviewwitness protection officers in relation to theprotected witness.


serious offence means an offence against a law ofQueensland, the Commonwealth, or another State, that ispunishable by at least 1 year’s imprisonment.

44 Immunity from legal proceedings for exercise of functions under Act

(1) A person is not liable to any action, suit or proceedings for anact done or omitted to be done by the person in good faith andwithout negligence in the exercise or purported exercise of afunction conferred by this Act.

(2) If subsection (1) prevents a liability attaching to a person,liability attaches instead to the State.



[s 45]


(3) Subsection (2) does not apply to an officer of an approvedauthority.

45 Access to registers

A person other than the following is not entitled to inspect aregister kept under this Act—

(a) the chairman;

(b) a commissioner under the Crime and Corruption Act2001;

(c) a senior executive officer under the Crime andCorruption Act 2001;

(d) a witness protection officer;

(e) the parliamentary commissioner.

46 Notifying persons of decisions

(1) This section applies if the chairman is required under this Actto notify a person about the person’s involvement in thewitness protection program.

(2) The chairman may notify the person of the decision in the waythe chairman considers appropriate.Example for subsection (2)—

The chairman may arrange for the person to be shown a written noticestating the decision and asked to sign an acknowledgement of havingread and understood the notice.

(3) A notice to be given to a minor may be given to a parent orguardian of the minor.

(4) A notice to be given to an adult with impaired capacity maybe given to—

(a) a person who may exercise powers in relation topersonal matters for the adult under a power of attorneyunder the Powers of Attorney Act 1998; or

(b) a guardian for the adult under the Guardianship andAdministration Act 2000.



[s 47]


47 Special provision about minors and adults with impaired capacity

(1) This section applies to a notice, agreement, acknowledgementor another document to be signed by a protected witness whois a minor or a person with impaired capacity.

(2) A document to be signed by a minor may be signed by aparent or guardian of the minor.

(3) A document to be signed by an adult with impaired capacitymay be signed by—

(a) a person who may exercise powers in relation topersonal matters for the adult under a power of attorneyunder the Powers of Attorney Act 1998; or

(b) a guardian of the adult under the Guardianship andAdministration Act 2000.

48 Delegation

(1) The chairman may delegate powers of the chairman under thisAct to an appropriately qualified witness protection officer.

(2) However, the chairman must not delegate—

(a) the power to decide to offer protection other thaninterim protection or protection under a short-termprotection arrangement; or

(b) the power to end protection—

(i) without a protected witness’s agreement; or

(ii) after being given oral notice of a protectedwitness’s withdrawal from the program; or

(c) the power to give a certificate under section 25(2)(a).


appropriately qualified, for a person to whom a power underthis Act may be delegated, includes having the qualifications,experience or standing appropriate to exercise the power.



[s 49]

Witness Protection Act 2000Part 5 Transitional provisions

49 Approval of forms

The chairman may approve forms for use under this Act.

50 Proceedings

Proceedings for an offence against this Act may be taken in asummary way under the Justices Act 1886.

51 Regulation-making power

The Governor in Council may make regulations under thisAct.

Part 5 Transitional provisions

Division 1 Transitional provisions for Act No. 56 of 2000

53 Existing witness protection program

On the commencement of this section, a person included inthe witness protection program under the Criminal Justice Act1989 immediately before the commencement is taken to beincluded in the witness protection program under this Act.

54 Existing memorandum of understanding

(1) On the commencement of this section, a document signed bya person included in the witness protection program under theCriminal Justice Act 1989 and purporting to be amemorandum of understanding that is in force is taken to be aprotection agreement signed by a protected witness under thisAct.



[s 55]


(2) If the memorandum of understanding does not include acondition to the effect of the mandatory condition, thememorandum is taken to include the mandatory condition.

Division 2 Transitional provisions for Cross-Border Law Enforcement Legislation Amendment Act 2005

55 Definitions for div 2

In this division—

amendment Act means the Cross-Border Law EnforcementLegislation Amendment Act 2005.

commencement day means the day on which part 4 of theamendment Act commences.

former, of a provision mentioned in this division, means theprovision to which the reference relates is a provision of thepre-amended Act.

new, of a provision mentioned in this division, means theprovision to which the reference relates is a provision of thepost-amended Act.

pre-amended Act means this Act as in force immediatelybefore the commencement day.

post-amended Act means this Act as in force from thecommencement day.

56 Existing non-disclosure certificates

(1) This section applies to a non-disclosure certificate given to anentity under former section 24(2) (an existing non-disclosurecertificate).

(2) The existing non-disclosure certificate is taken to be anon-disclosure certificate given, and filed with the entity,under new section 25(2).



[s 57]


(3) The person in relation to whom the existing non-disclosurecertificate was given is taken to be a protected witness undernew part 3, division 2.

(4) If, before the commencement, the entity has given leave,under former section 27(1), to a person to ask questions of awitness or make a statement, the leave is taken to be leavegiven to the person under new section 27A(2)(a).

57 Provision about notice under pre-amended Act

(1) This section applies if, before the commencement day—

(a) a person has notified the chairperson, under formersection 24(1), that the person is or may be required togive evidence; and

(b) the chairperson has not given an entity a non-disclosurecertificate relating to the person under formersection 24(2).

(2) The person is taken to be a protected witness who has notifiedthe chairperson under new section 25(1).



Schedule 2


Schedule 2 Dictionary

section 3

approved authority means—

(a) the Australian Federal Police; or

(b) a police force or service of another State; or

(c) another entity—

(i) established under a law of the Commonwealth oranother State; and

(ii) authorised under the law of the Commonwealth orother State to investigate or inquire into criminalconduct, misconduct or corruption; and

(iii) declared by regulation to be an approved authorityfor this Act.

approved form see section 49.

authorising officer means the independent member of thecontrolled operations committee under the Police Powers andResponsibilities Act 2000.

chairman means chairman of the commission.

chief executive officer, of an approved authority, means—

(a) for a police force or service of another State or theCommonwealth, the commissioner of the police force orservice; or

(b) for another entity, the chief executive officer of theentity, however described.

commission means the Crime and Corruption Commission.

commission of inquiry means a commission of inquiry underthe Commissions of Inquiry Act 1950.



Schedule 2


complementary witness protection law means a law of theCommonwealth or another State declared by regulation to bea complementary witness protection law for this Act.

corresponding non-disclosure certificate, for part 3, division2, see section 24.

court includes any tribunal or person authorised by law orconsent of parties to receive evidence.

criminal history, of a protected witness, means the protectedwitness’s criminal history under the Criminal Law(Rehabilitation of Offenders) Act 1986.

former identity, of a person given a new identity under thisAct or a complementary witness protection law, means theidentity the person had before being given the new identity.

identity document means a document, other than a birthcertificate, that identifies or helps identify a person.

impaired capacity means capacity that is impaired capacityunder the Guardianship and Administration Act 2000.

interim protection agreement see section 9.

law enforcement agency means—

(a) the commission; or

(b) a commission of inquiry; or

(d) the police service; or

(e) the Australian Federal Police; or

(f) a police force or service of another State; or

(g) an entity declared under a regulation to be a lawenforcement agency for this Act.

mandatory condition see section 8.

new identity authority see section 17.

non-disclosure certificate see section 24.

other witness protection activities, of the commission, meansactivities of the commission under this Act relating to interimprotection agreements or short-term protection arrangements.



Schedule 2


party, for part 3, division 2, see section 24.

proceeding means any civil, criminal or other proceeding orinquiry, reference or examination in which by law or consentof parties evidence is or may be given, and includes anarbitration.Examples—

• an examination of witnesses under the Justices Act 1886 in relationto an indictable offence

• an inquest under the Coroners Act 2003

• a hearing under the Crime and Corruption Act 2001

• a hearing under a commission of inquiry

• an investigation by the parliamentary commissioner under theCrime and Corruption Act 2001

program means the witness protection program.

protected identity, for part 3, division 2, see section 24.

protected witness—

(a) for part 3, division 2, see section 24; or

(b) otherwise—means a person who is included in a witnessprotection program.

protection agreement see section 7.

Public Records Act means—

(a) until the commencement of the Public Records Act2000, section 14—the Libraries and Archives Act 1988;or

(b) from the commencement of the Public Records Act2000, section 14—the Public Records Act 2000.

registrar-general means the registrar under the Births, Deathsand Marriages Registration Act 2003.

relevant information means information about—

(a) a person’s former identity; or

(b) a person’s location; or

(c) a person’s inclusion or involvement in the program.



Schedule 2


short-term protected person see section 14C(1).

short-term protection arrangement see section 14B(1).

termination condition means a condition identified in aprotection agreement as a condition that, if contravened, mayresult in the ending of a person’s involvement in the witnessprotection program.

witness protection means protection of a person’s personalsafety, including, for example, by giving the person a newidentity, relocating the person or helping the person find newemployment.

witness protection officer means an officer of the commissionappointed by the chairman to administer the witnessprotection program.

witness protection program see section 5.



Endnotes


1 Index to endnotes

2 Key

3 Table of reprints

4 List of legislation

5 List of annotations

2 Key

Key to abbreviations in list of legislation and annotations

Key Explanation Key Explanation

AIA = Acts Interpretation Act 1954

(prev) = previously

amd = amended proc = proclamation

amdt

= amendment prov = provision

ch = chapter pt = part

def = definition pubd = published

div = division R[X] = Reprint No. [X]

exp = expires/expired RA = Reprints Act 1992

gaz = gazette reloc = relocated

hdg = heading renum

= renumbered

ins = inserted rep = repealed

lap = lapsed (retro)

= retrospectively

notfd

= notified rv = revised version

num = numbered s = section


Endnotes


3 Table of reprints

A new reprint of the legislation is prepared by the Office of the Queensland ParliamentaryCounsel each time a change to the legislation takes effect.

The notes column for this reprint gives details of any discretionary editorial powers underthe Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel inpreparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatoryrequirements that all amendments be included and all necessary consequentialamendments be incorporated, whether of punctuation, numbering or another kind. Furtherdetails of the use of any discretionary editorial power noted in the table can be obtained bycontacting the Office of the Queensland Parliamentary Counsel by telephone on 30039601 or email [email protected].

From 29 January 2013, all Queensland reprints are dated and authorised by theParliamentary Counsel. The previous numbering system and distinctions between printedand electronic reprints is not continued with the relevant details for historical reprintsincluded in this table.

o in c

= order in council sch = schedule

om = omitted sdiv = subdivision

orig = original SIA = Statutory Instruments Act 1992

p = page SIR = Statutory Instruments Regulation 2012

para = paragraph SL = subordinate legislation

prec = preceding sub = substituted

pres = present unnum

= unnumbered

prev = previous

Reprint No. Amendments to Effective Reprint date

1 none 9 March 2001 6 April 2001

1A 2001 Act No. 69 1 January 2002 15 January 2002

Key Explanation Key Explanation


Endnotes


4 List of legislation

Witness Protection Act 2000 No. 56date of assent 17 November 2000ss 1–2 commenced on date of assentremaining provisions commenced 9 March 2001 (2001 SL No. 7)amending legislation—

Crime and Misconduct Act 2001 No. 69 ss 1–2, 378 sch 1date of assent 8 November 2001ss 1–2 commenced on date of assentremaining provisions commenced 1 January 2002 (2001 SL No. 221)

Criminal Proceeds Confiscation Act 2002 No. 68 ss 1–2(1), 339 sch 4date of assent 29 November 2002ss 1–2 commenced on date of assentremaining provisions commenced 1 January 2003 (see s 2(1))

Births, Deaths and Marriages Registration Act 2003 No. 31 ss 1–2, 59 sch 1date of assent 23 May 2003ss 1–2 commenced on date of assentremaining provisions commenced 1 February 2004 (2003 SL No. 360)

Reprint No. Amendments included Effective Notes

1B 2002 Act No. 68 1 January 2003

1C 2003 Act No. 31 1 February 2004

1D 2004 Act No. 8 6 August 2004

1E 2005 Act No. 45 30 June 2006

1F 2006 Act No. 41 11 August 2006

1G 2007 Act No. 37 28 September 2007

R1G withdrawn, see R2

2 — 28 September 2007

Current as at Amendments included Notes

1 July 2014 2014 Act No. 21 RA ss 26(2), 27, 44A


Endnotes


Terrorism (Community Safety) Amendment Act 2004 No. 8 pts 1, 9date of assent 20 May 2004ss 1–2 commenced on date of assentremaining provisions commenced 6 August 2004 (2004 SL No. 147)

Cross-Border Law Enforcement Legislation Amendment Act 2005 No. 45 ss 1–2(1),pt 4, s 59 sch 2

date of assent 14 October 2005ss 1–2 commenced on date of assentremaining provisions commenced 30 June 2006 (2006 SL No. 144)

Crime and Misconduct and Other Legislation Amendment Act 2006 No. 41 pts 1, 6date of assent 11 August 2006commenced on date of assent (see s 2)

Justice and Other Legislation Amendment Act 2007 No. 37 ss 1, 162 schdate of assent 29 August 2007ss 1–2 commenced on date of assentremaining provisions commenced 28 September 2007 (2007 SL No. 241)

Crime and Misconduct and Other Legislation Amendment Act 2014 No. 21 ss 1–2(2),94(2) sch 2

date of assent 21 May 2014ss 1–2 commenced on date of assentremaining provisions commenced 1 July 2014 (2014 SL No. 107)

5 List of annotations

Witness protection programs 5 amd 2001 No. 69 s 378 sch 1

Person may be included in programs 6 amd 2001 No. 69 s 378 sch 1; 2014 No. 21 s 94(2) sch 2

Protection agreements 7 amd 2001 No. 69 s 378 sch 1; 2014 No. 21 s 94(2) sch 2

Content of protection agreements 8 amd 2006 No. 41 s 54; 2014 No. 21 s 94(2) sch 2

Interim protections 9 amd 2014 No. 21 s 94(2) sch 2

Variation of protection agreement by agreements 10 amd 2014 No. 21 s 94(2) sch 2

Variation by chairman of protection agreements 11 amd 2014 No. 21 s 94(2) sch 2

Suspension of protection agreements 12 amd 2006 No. 41 s 55; 2014 No. 21 s 94(2) sch 2


Endnotes


Voluntary withdrawal from programs 13 amd 2014 No. 21 s 94(2) sch 2

When chairman may end protection under programs 14 amd 2005 No. 45 s 59 sch 2; 2006 No. 41 s 56; 2014 No. 21 s 94(2) sch 2

PART 2A—ARRANGEMENTS FOR SHORT-TERM PROTECTIONpt hdg ins 2006 No. 41 s 57

Application of pt 2As 14A ins 2006 No. 41 s 57amd 2014 No. 21 s 94(2) sch 2

Arrangements for short-term protections 14B ins 2006 No. 41 s 57amd 2014 No. 21 s 94(2) sch 2

Variation of short-term protection arrangements 14C ins 2006 No. 41 s 57amd 2014 No. 21 s 94(2) sch 2

Suspension of short-term protection arrangements 14D ins 2006 No. 41 s 57amd 2014 No. 21 s 94(2) sch 2

Voluntary ending of short-term protection arrangements 14E ins 2006 No. 41 s 57amd 2014 No. 21 s 94(2) sch 2

When chairman may end short-term protection arrangements 14F ins 2006 No. 41 s 57amd 2014 No. 21 s 94(2) sch 2

PART 3—PROTECTING IDENTITIESpt hdg sub 2004 No. 8 s 44

Identifying documentss 15 amd 2014 No. 21 s 94(2) sch 2

Application for new identity authoritys 16 amd 2014 No. 21 s 94(2) sch 2

Power of authorising officer to issue new identity authoritys 17 amd 2001 No. 69 s 378 sch 1

Special provisions about concealing identitiess 20 amd 2014 No. 21 s 94(2) sch 2

New identity for witness protection officers 20A ins 2004 No. 8 s 45amd 2014 No. 21 s 94(2) sch 2

Restoration of former identitys 21 amd 2014 No. 21 s 94(2) sch 2


Endnotes


Particular documents to be destroyeds 22 amd 2014 No. 21 s 94(2) sch 2

Division 2—Proceedings involving protected witnessesdiv hdg sub 2005 No. 45 s 60

Subdivision 1—Preliminarysdiv hdg ins 2005 No. 45 s 60

Definitions for div 2s 24 sub 2005 No. 45 s 60

Application of div 2 to lawyer of party to a proceedings 24A ins 2005 No. 45 s 60

Subdivision 2—Proceedings involving protected witnessessdiv hdg ins 2005 No. 45 s 60

Requirement if protected witness becomes a witness in a proceedings 25 sub 2005 No. 45 s 60amd 2014 No. 21 s 94(2) sch 2

What non-disclosure certificate must states 26 sub 2005 No. 45 s 60

Effect of non-disclosure certificates 27 sub 2005 No. 45 s 60

Disclosure of protected witness’s identity despite certificates 27A ins 2005 No. 45 s 60

Recognition of corresponding non-disclosure certificates 27B ins 2005 No. 45 s 60

Documentation restrictionss 28 amd 2014 No. 21 s 94(2) sch 2

Special commercial arrangements by chairmans 29 amd 2014 No. 21 s 94(2) sch 2

Dealing with rights, obligations and restrictions of protected witnesss 30 amd 2001 No. 69 s 378 sch 1; 2005 No. 45 s 61; 2014 No. 21 s 94(2) sch 2

Avoidance of obligations by protected witnesss 31 amd 2014 No. 21 s 94(2) sch 2

Payments under witness protection programs 32 amd 2002 No. 68 s 339 sch 4; 2014 No. 21 s 94(2) sch 2

Application of s 16 to approved authoritiess 33 amd 2014 No. 21 s 94(2) sch 2

Development of training programs etc.s 35 amd 2001 No. 69 s 378 sch 1; 2014 No. 21 s 94(2) sch 2

Offence of disclosure about particular persons or the program


Endnotes


prov hdg amd 2004 No. 8 s 46(1)s 36 amd 2001 No. 69 s 378 sch 1; 2004 No. 8 s 46(2); 2005 No. 45 s 62sub 2006 No. 41 s 58amd 2014 No. 21 s 94(2) sch 2

Offence of disclosure by prescribed personss 37 amd 2001 No. 69 s 378 sch 1; 2005 No. 45 s 63sub 2006 No. 41 s 59amd 2014 No. 21 s 94(2) sch 2

Certain persons not to be required to disclose informations 38 amd 2001 No. 69 s 378 sch 1; 2003 No. 31 s 59 sch 1; 2005 No. 45 s 59 sch 2;

2014 No. 21 s 94(2) sch 2

Arrangements with approved authoritiess 40 amd 2014 No. 21 s 94(2) sch 2

Approved authoritiess 41 amd 2014 No. 21 s 94(2) sch 2

Providing information to approved authoritiess 43 amd 2001 No. 69 s 378 sch 1; 2014 No. 21 s 94(2) sch 2

Access to registerss 45 amd 2001 No. 69 s 378 sch 1; 2014 No. 21 s 94(2) sch 2

Notifying persons of decisionss 46 amd 2014 No. 21 s 94(2) sch 2

Delegations 48 amd 2001 No. 69 s 378 sch 1; 2005 No. 45 s 64; 2006 No. 41 s 60; 2014 No. 21

s 94(2) sch 2

Approval of formss 49 amd 2014 No. 21 s 94(2) sch 2

PART 5—TRANSITIONAL PROVISIONS

Division 1—Transitional provisions for Act No. 56 of 2000div hdg ins 2005 No. 45 s 59 sch 2

Division 2—Transitional provisions for Cross-Border Law Enforcement LegislationAmendment Act 2005

div 2 (ss 55–57) ins 2005 No. 45 s 65

SCHEDULE 2—DICTIONARYdef chairman ins 2014 No. 21 s 94(2) sch 2def chairperson om 2014 No. 21 s 94(2) sch 2def commission amd 2001 No. 69 s 378 sch 1sub 2014 No. 21 s 94(2) sch 2def corresponding non-disclosure certificate ins 2005 No. 45 s 66(2)def court ins 2005 No. 45 s 66(2)def director om 2001 No. 69 s 378 sch 1def law enforcement agency amd 2001 No. 69 s 378 sch 1


Endnotes


def non-disclosure certificate, for part 3, division 2, ins 2005 No. 45 s 66(2); om2007 No. 37 s 162 sch

def other witness protection activities ins 2006 No. 41 s 61def party ins 2005 No. 45 s 66(2)def proceeding ins 2005 No. 45 s 66(2)amd 2014 No. 21 s 94(2) sch 2def protected identity ins 2005 No. 45 s 66(2)def protected witness sub 2005 No. 45 s 66def registrar-general sub 2003 No. 31 s 59 sch 1def relevant entity om 2005 No. 45 s 66(1)def relevant proceeding amd 2001 No. 69 s 378 sch 1om 2005 No. 45 s 66(1)def short-term protected person ins 2006 No. 41 s 61def short-term protection arrangement ins 2006 No. 41 s 61def witness protection division om 2001 No. 69 s 378 sch 1def witness protection officer ins 2001 No. 69 s 378 sch 1amd 2014 No. 21 s 94(2) sch 2

© State of Queensland 2016


Documents

Witness Protection Act 2000 - Queensland Legislation